Showing posts with label libertarianism. Show all posts
Showing posts with label libertarianism. Show all posts

Monday, June 28, 2010

A libertarian analysis of copyright

Interesting post up on Human Advancement about what copyright should be.
It is immoral to try to make money from another's work at the expense of sales by the original author, but this does not preclude all copying nor distribution as immoral.

It is immoral, and ultimately self-destructive, to always seek value for nothing.

Enforcement of any of this is immoral, both by the above, and because enforcement in any but small numbers of edge cases, is not possible without prior restraint or a requirement to prove innocence. Social sanctions are the only way to discipline behavior toward those principles, and that relies on how people evaluate the behaviors.
[Emphasis mine.]
Entire essay is here. Read it. It's good.

I agree with all of the sentiments. I've repeatedly stated that I oppose draconian punishments for filesharing. I also oppose any punishment for limited filesharing—say, e-mailing a song to your friend because you think she'd like it.

On the other hand, I don't believe social sanctions alone will stop abusive sharing. They are mightily powerful if you happen to live in an Amish community or a small tribe with little meaningful connection to the outside world. They're not so powerful if your society enables easy hops to different social circles.

For social sanctions to work, a significant majority needs to disapprove of the bad behavior in question. Saying that's what should happen won't make it happen.

If I come up with some brilliant idea to make it happen, you'll be the first to know.